Insurers appealed against a judge’s refusal to admit fresh evidence concerning allegations of fraud arising out of a RTA. Their appeal was allowed on the basis that it was in the public interest to do so.

In brief, three passengers brought a claim for personal injuries allegedly sustained when the car they were travelling in hit a stationary vehicle. The police were not informed nor was the owner of the damaged vehicle. The driver of the vehicle was uncooperative and did not give evidence at trial. Despite concerns about their evidence, the judge awarded all three passengers damages. Post settlement the driver of the vehicle admitted that the accident had never happened (albeit that he later withdrew this statement) and it emerged that the passengers had promised to share a proportion of their damages with the driver. There were also suggestions that the driver had links to the Accident Claims Company which had referred the claim.